By accessing this site owned by Just Friends Productions Inc. ("JFP")(the
"Site") you are subject to the terms and conditions of this Agreement (the
"Agreement"), and all applicable laws and regulations, including laws and
regulations governing copyright and trademark. BY ACCESSING THE SITE, YOU
ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN
THIS AGREEMENT, AND EXPRESSLY AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO
ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE.
2. License Grants
By posting or sending written material or any other communication content ("User
Submissions"), you expressly grant JFP a royalty-free, sublicensable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify,
publish, edit, translate, distribute, perform, display, and make derivative
works of such User Submission and your name, voice, and/or likeness as contained
in your User Submission, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed including all promotion,
advertising, marketing, merchandising, publicity and any other ancillary uses
thereof, and including the unfettered right to sublicense such rights, in
perpetuity throughout the universe. Any such User Submissions are deemed
non-confidential and JFP shall be under no obligation to maintain the
confidentiality of any information, in whatever form, contained in any User
3. JFP Proprietary Rights
The contents of the Website, along with any associated software, and all
Intellectual Property Rights (as defined below) related thereto, are the
exclusive property of JFP and its licensors. Except as explicitly provided
herein, nothing in this Agreement shall be deemed to create a license in or
under any such Intellectual Property Rights, and you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any materials or
content accessible on the Site. Use of the content or materials on the Site for
any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, "Intellectual Property Rights" means all
patent rights, copyright rights, moral rights, rights of publicity, trademark,
trade dress and service mark rights, goodwill, trade secret rights and other
intellectual property rights as may now exist or hereafter come into existence,
and all applications therefore and registrations, renewals and extensions
thereof, under the laws of any state, country, territory or other jurisdiction,
relating to the Site, or any contents or materials related thereto.
4. Copyrights, Trademarks and Service Marks of Third Parties
The Site and all materials therein, including, without limitation, software,
images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos and music (the "Content") are or
may be protected under United States and worldwide copyrights or other
Intellectual Property Rights which are owned or licensed, in whole or in part,
by JFP. Content may not be manipulated, edited, reproduced, performed,
republished, posted, transmitted, sold, transferred or otherwise distributed or
exploited in any manner whatsoever from the Site without our prior written
consent, which may be withheld in our sole discretion. Any manipulation of the
Site or any portion thereof, or use of any of the Content for any other purpose
constitutes an infringement of our Intellectual Property Rights, or of the
Intellectual Property Rights of the respective owners of such Content. Any use
of any portion of this Site on any other web site or other networked computer
environment is prohibited without our prior written consent, which may be
withheld in our sole discretion. If you download or print a copy of the Content
for personal use, you must retain all copyright and other proprietary notices
5. Representations and Warranties
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent and warrant the following:
You are over the age of 18 and have the right and authority to enter into this
Agreement, and are fully able and competent to satisfy the terms, conditions and
You have obtained all consents, and possess all copyright, patent, trademark,
trade secret and any other proprietary rights or the necessary licenses thereto,
to grant the license in Section 2.
You have the written consent of each and every identifiable natural person in
the User Submission to use such persons name or likeness in the manner
contemplated by the Site and this Agreement, and each such person has released
you from any liability that may arise in relation to such use.
You have read, understood, agree with, and will abide by the terms of this
You are not, and have not been an agent of JFP and were not and are not acting
on behalf of, or as a representative of, JFP or any other party in connection
with the User Submission.
6. Changes to terms and conditions
JFP reserves the right to change these terms and conditions in its sole
discretion at any time without prior notice. It is your responsibility to
monitor such changes, and to determine whether or not to continue to access and
use the Site based upon any such changes. By using the Site, you agree in
advance to accept any changes. Your use of the Site shall be deemed to be your
understanding of, and agreement, to each of the terms and conditions set forth
7. Assignment of Rights
JFP may assign any or all of its rights and obligations hereunder to any party
without prior consent or notice to you.
8. No Warranties
The Site contains information, facts and opinions from various individuals and
organizations, as well as links to other sites. THE SITE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT. NEITHER JFP NOR ITS AFFILIATES ENDORSE OR ARE
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT
ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JFP DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS
9. Limitation of Liability
Your use of the Site is at your own risk. UNDER NO CIRCUMSTANCES SHALL JFP BE
LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF AND/OR RELIANCE ON THE SITE,
OR ITS ASSOCIATED PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF JFP
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE,
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. YOU HEREBY
WAIVE ANY AND ALL CLAIMS AGAINST JFP, AND ALL ITS SUBSIDIARIES, AFFILIATES,
AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND
THE INFORMATION AVAILABLE THEREON.
By using the Site, you agree to indemnify and defend JFP and its parents,
subsidiaries, affiliates, directors, officers, consultants, and employees and
hold them harmless from any and all claims and expenses, including attorney's
fees, arising from your misuse of this Site.
11. Third-Party Website Links
The Site is a venue for content supplied by third parties to the Site.
Accordingly, JFP has no specific prior review process or editorial control over
such content. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, members or other user of the Site, are those of the
respective parties and not necessarily those of JFP. Neither JFP nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any third-party content, nor its merchantability or fitness for
any particular purpose.
There may be links established between the Site and other sites on the World
Wide Web or Internet which are not under the control of, or maintained by, JFP.
Such links do not necessarily constitute an endorsement by JFP of those sites.
JFP undertakes no obligation to monitor such sites, and you agree that JFP is
not responsible for the content of such sites, or any technical or other
problems associated with any such third-party site, links or usage. JFP
disclaims any warranties for other services or goods received through or
advertised on the Site or received through any links provided in the Site.
13. Download Risks
You understand and agree that any material downloaded or otherwise obtained
through the use of the products and services is done at your own discretion and
risk, and that you will be solely responsible for any damages to your computer
system or loss of data that may result in the download of such material.
This Disclaimer and any disputes arising out of or related to the Service and
the Site shall be governed by, and construed and enforced in accordance with,
the laws of the State of New York.
15. Sole Remedy.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR
ARISING OUT OF THE SITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY
LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR
USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.